Eminent Domain: Is It Always a Bad Thing?

Because I'm an eminent domain attorney, I try to keep a close eye not only on the state of eminent domain law, but also eminent domain in the news. What I've seen, and this may be because only the suspect condemnation action make it into the news, is that generally everyone is against the eminent domain process. Citizens don't like it for obvious reasons, city and state governments don't necessarily like it because of the political implications, and everyone else is luke warm because of the surly reputation of condemnation.

I wanted to take this opportunity to point out that although this process is never easy on the landowner or the acquiring authority it is a necessary function of government and in fact may keep all of our lives running smoothly. Now, you probably think this is a crazy statement, but take a moment to think about this. Think about the roads you drive on, railroads that deliver goods, the buildings you do business in, the services you enjoy (heat in your home, electricity, running water, sewage, internet, phone, cable), the gasoline you use, and how you generally live your life. Without the power of eminent domain, little of this would be possible.

To lay all those utilities, build those roads, and erect those buildings (almost any government building, and as you have seen in the news, even some private ones) eminent domain was used. Without this power roads (and all other utilities) would have to go around single tracts of land or not be built at all. To get from one place to another or to get commodities from place to another would be impossible. Gridlock would ensue. Entire neighborhoods would be filled with empty run down houses that could not be cleaned up (I'm referring to blighted neighborhoods, which is an important aspect of condemnation, absent the economic stimulus side that makes people so angry).

So, although for each individual landowner it is a painful, sometime arduous process, eminent domain overall is necessary for the good of the overall public.

As I mentioned before, these feeling wouldn't affect me as an eminent domain attorney if I was representing a landowner in a condemnation case. I'd still do my best to get them what they deserve, to at least make them feel like they've been compensated for their loss. But the fact is, this is an important function of government. I'm just glad the founders of this country were smart enough to make sure people were paid for their loss (this is actually a primary reason the Revolutionary War ensued - people used to have their property taken and received nothing in exchange!).

Eminent Domain Attorney